Opinion: The Defense of Marriage

This transcript has been automatically generated and may not be 100% accurate.

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I ... the with ... you're really asking ... decree because of the sort of logical and just like ... us to go into uncharted quarters ... and you can play with that metaphor that's a wonderful destination is equipped one of the ... welcome to Opinion Journal why Mary Kissel ... the Supreme Court heard arguments over California's prop eight yesterday which defines marriage ... as the union between a man and woman ... and today the court heard arguments over the nineteen ninety six Defense of Marriage Act ... and editoral board member Joe rego here ... to talk about what we've learned from yesterday's arguments and to his argument is well chilled welcome ... let's start first with Hollingsworth ... versus Perry ... who was Ardi yesterday for the core cropping ... when we learned ... in writing and that some ... of these cases are not only about the definition of marriage that are really about ... how we make decisions and democracy held society changes over time ... and with the justices I think were looking for work were searching for really was some limiting principle that ... would allow these debates to continue ... of the team and limiting principle will right all the federal government's powers and most of the state powers for for um ... for that matter ... are limited and there can you Marriott in unlimited ... if you if you get into redefining how the states ... of ... define marriage ... as as a legal matter not not um ... sir changes of achieved and state legislatures or by a referendum that's in California ... I he said to be certain that the machinery of democracy circuit breakdown of the so the answer is a paedophile if the Supreme Court defined with gay marriage is what's to stop report from defining ... marriage between ... five people ok or or other very right to is the real world rules ... well there's there's really no slope it's one of the other ones who want to use saying well ... if if it's ... a matter of adults being happy for example one only have time many marriages for example the like leases it to be renewed every year ... that's that's also a redefinition of marriage between the Chief ... ion through through the democratic process them and that creates a lot of problems ... for the Constitution no we played at that that quote from my justice Kennedy yesterday ... who had seemed a little conflicted Joe what are his priorities in his questioning what we'll learn ... and this is this is really right the injustice candies will houses two big concerns is insurance for one ... of the federalism how well the separation of powers to will somebody Pentax and Michelin thirty in all on the other hand extending rights to a gay and lesbian couples ... who who who may ... be the object of discrimination ... you know whether whether it was about sexual conduct or for singling out ... on gays and lesbians for ... more harmful treatment ... so he did this is really has his career and what what we what we saw was that he's ... obviously very conflicted you know that in today's arguments we we don't have the transcript yet but it seemed like you is leaning ... towards overturning the Defense of Marriage Act ... yesterday he he seemed random and you know you not only that the new frontier but but also ... on the architecture of U S government ... the ship procreation it was raised yesterday and believe but Justice Kagan ... who said well couples that are fifty five can ... I have children ... of is that a how is that playing in here to ruin the society argues this is Cooper's argument this is ... that the BBC's claiming that states have a rational basis to limit marriage to one man and one woman because it promotes the interests of told and that ... may be true that the of this isn't true the nine states that if ... Romney institution to two other types ... of ... family arrangements and it's it's it's really part of the week the week as part of this case um ... in in in my view ... um waiting on me The arguments yesterday it had a curiosity to that ... sort of across the board of were were very weak I'm ... dumb overly the solicitor general was just made mincemeat of even by the liberal justices ... when will quickly to ensure the marriage Act is we just have a couple minutes left ... on our ... into says case outstanding didn't use his concern for the justices today about a winning this time for the standing is is whether or not the parties are allowed to bring the case in the first place ... they spend an hour on the subject this morning they spend half the time on the subject yesterday in one of things came up was ... you had the administration right now saying ... the Defense of marriage Act is unconstitutional please overturned ... but ... at the same time continuing to in force at the Center for complete Leon president says this is one points and justice in a witches gets this isn't yet happened before and ... I in in underscores a lot of the the the real ... novelty of the legal question for the CT scans is ok editorial board member Joe rego